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Examining the Importance of National Identity to the “Offensive Behaviour at Football and Threatening Communications (Scotland) Act”

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Examining the Importance of National Identity to the “Offensive Behaviour at Football and Threatening Communications (Scotland) Act” An ‘anti-sectarian’ Act? Examining the importance of national identity to the “Offensive Behaviour at Football and Threatening Communications (Scotland) Act” The 2010-11 football season in Scotland was affected by many incidents of violence and threatening behaviour. Fans of the two Glasgow clubs, Celtic and Rangers, were involved in the majority of these incidents. Players and officials of Celtic were targeted by loyalist terrorists and sent bullets through the post. The Scottish government felt that many of the incidents were motivated by religious, ethnic, and national hatred, and introduced an Act of Parliament in order to tackle the problems that had arisen. The “Offensive Behaviour at Football and Threatening Communications (Scotland) Act” came into law on 1 March 2012, representing a governmental judgement that Scottish football is negatively affected by inter-communal tension. The Act criminalises violent incidents and threatening behaviour related to the expression of religious hatred towards football fans, players, and officials. It also explicitly targets expressions of hatred on ethnic and national grounds. This is significant because in the contemporary era, much of what is termed “sectarianism” in Scotland is directly related to national identity, particularly British and Irish identities. The modern iconography of Celtic and Rangers has comparatively little to do with religion, and relates to differing visions of Scotland, the United Kingdom, and the island of Ireland. Incidents that are termed “sectarian” are often best examined through the prism of nationalism, for in contemporary Scotland it is national identity that is most significant to those who perpetrate the actions that the Act seeks to tackle. Keywords: Identity, Scotland, Football, Culture, Nationalism, Sectarianism, Unionism, Loyalism, Northern Ireland, Scottish Independence. Introduction In Scotland there is inter-communal tension and conflict between ideologically opposed groups whose origins lie in religious affiliation, but whose identities are now defined by a number of different but inter-related cultural practices and political beliefs. The tension between these groups is often deemed to be “sectarian” but religious affiliation is only one part of a wider enmity between them. Just as in Scotland’s near neighbour Northern Ireland, the process of secularisation in Scotland has recast religious identities and the terms “Catholic” and “Protestant” are now associated with a number of different identity elements, including national, political, and cultural identities, amongst others. Enmity between different groups is by no means as violent in Scotland as it is in Northern Ireland. It also does not affect politics and culture to the same all-encompassing extent, and it is not the intention of this article to claim otherwise. There is, nevertheless, a clear tension in Scotland between people who claim different national identities and affiliations. This is particularly obvious within the context of football, to the extent that on 1 March 2012, the Scottish government brought into law the “Offensive Behaviour at Football and Threatening Communications (Scotland) Act”. This Act has rendered specific types of behaviour associated with football supporters illegal. Offences are ‘punishable through a range of penalties up to a maximum five-year prison sentence and an unlimited fine’ (Scottish Government 2012). These offences relate firstly to: ‘any hateful, threatening or otherwise offensive behaviour expressed at and around football matches which is likely to cause public disorder’. (Scottish Government 2012) This includes chanting and/or the display of banners which are deemed to incite racial, national, or religious hatred. The Act is designed to punish such behaviour whether it is carried out by fans, players, officials, or managers at football matches. It also targets behaviour that is carried out by people who are identified as football supporters but are not actually at football matches. This allows police to target “offensive” behaviour which is deemed to be football-related, without that behaviour taking place in or around football stadia. The second new criminal offence brought in by the Act confirms that football-related abuse is deemed to be an offence no matter where it occurs. The Act is designed to punish ‘the communication of threats of serious harm or which are intended to stir up religious hatred, whether sent by post or posted on the internet’ (Scottish Government 2012). This means that football supporters can be punished for producing abusive posts on web forums or on social media, or for sending offensive or threatening communications through the post. Again, this gives police a wider remit to target what is considered by legislators to be the culture that surrounds support for certain clubs in Scotland (principally Rangers and Celtic, and to a lesser extent Heart of Midlothian and Hibernian). The legislation that has been introduced aims to target a perceived culture of abuse which is not confined to stadia, and does not just occur within the context of football matches. Subsection (2) (a) (ii) of the Act confirms that the behaviour that it covers includes “expressing hatred of, or stirring up hatred against, a group of persons based on their membership (or presumed membership) of a social or cultural group with a perceived religious affiliation” (Act, ref). This clearly targets behaviour which can be termed “sectarian”. However, subsection (2) (a) (iii) also confirms that the Act is designed to tackle the expression of hatred against people based upon “nationality” and “ethnic or national origins” (Scottish Government 2012). There is a clear intent to tackle discrimination on the basis of national identity, and this is particularly significant and thus far, not analysed to the extent that it warrants. The behaviour that the Act targets is deemed to specifically be motivated not just by religious difference, but national differences. This element of the Act has not been thus far been analysed in detail, and this article will add to existing scholarship by drawing attention to the significance of national identities within the social problems that the Act targets. Methodology Previous examinations of the Act have focused largely on legal issues; the Act’s relation to banning orders and other pre-existing legislation is analysed by Hamilton-Smith and McArdle (2013) While this particular publication contains an authoritative examination of the legal aspects of the Act, it does leave a space for analysis of the motivations behind the Act itself and also the motivations behind the offences it legislates against. Where the motivations behind offences have been considered, they have largely been interpreted as being “sectarian” in nature (particularly in the print media, but also in Hamilton-Smith and McArdle (2013) to a lesser extent). While there are undoubtedly sectarian elements within the incidents discussed in this article, it is important to acknowledge and explore the national factor that also motivates much of the abuse and violence associated with football in Scotland. As the wording of the Act itself confirms, this is a significant motivating factor. However, it is as yet under-researched and this article aims to make a contribution in this area. The primary focus is upon adding to existing interpretations of the Act by focusing primarily upon the national factor within it. This is important, particularly in the context of the growth of Scottish nationalism, which has put national identity to the forefront of academic and public debate in Scotland. It is clear that nationalism (in its various forms) is a particularly important element of contemporary Scottish experience and the Act has the strongly stated aim of targeting extreme expressions of national identity. It needs to be understood in its context as an attempt to tackle not just religious hatred, but hatred motivated by nationalism. Active religious worship and association with various denominations within the Christian church continues to decline in Scotland, but highly visible acts of inter-communal violence have increased in recent years. This is partly due to differences in national identity. The incidents examined in this article are one result of tension between groups with very different ideals, particularly with regard to the future of Scotland and Northern Ireland. Discrimination solely on religious grounds is rather less prevalent than in the past (Bruce 2011), yet there is still tension between different communities in Scotland. As will be explored in this article, much of the oppositional behaviour that is termed “sectarian” is inspired by anti- Irish, anti-British, or even anti-Scottish sentiment, rather than solely or primarily by religious hatred. The Act was brought in after the 2010-11 football season, in which a number of violent incidents took place that were a significant factor in determining the Scottish government’s actions. Some of these will be examined in detail in this article, and although regrettably there is not space for in-depth analysis of all the major incidents, a sufficient overview will be provided. A summary of the enmity between opposed clubs in Scotland will precede this, to provide context for the analysis that follows. The national factor within that enmity will be the particular focus of examination. This will involve assessing the extent to which identities that have often been termed “sectarian” are motivated by ideas
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